Kolb v. Schatzman & Associates, L.L.C.

563 S.E.2d 231, 150 N.C. App. 94, 2002 N.C. App. LEXIS 398
CourtCourt of Appeals of North Carolina
DecidedMay 7, 2002
DocketNo. COA01-277
StatusPublished

This text of 563 S.E.2d 231 (Kolb v. Schatzman & Associates, L.L.C.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kolb v. Schatzman & Associates, L.L.C., 563 S.E.2d 231, 150 N.C. App. 94, 2002 N.C. App. LEXIS 398 (N.C. Ct. App. 2002).

Opinion

HUDSON, Judge.

Plaintiffs appeal two Orders and Judgments entered in favor of defendants Schatzman & Associates, L.L.C. (“defendant”), a private investigative and security service company, and Philip L. King (“King”). The court granted defendant’s motion for summary judgment on plaintiffs’ claims and on defendant’s counterclaim for breach of contract. The court also granted King’s motion for summary judgment on plaintiffs’ claims against him. We briefly review the facts and procedural history before addressing the sole issue on appeal.

In April 1986, Lucy Kolb (“Lucy”), the daughter of Margaret Kolb (“Margaret”), married Bassam Zantout (“Bassam”), a citizen of Lebanon, and resided with him in North Carolina until November 1996. The couple had three children who maintained both American [95]*95and Lebanese citizenship. Bassam found a job in Dubai, UAE, and the Zantouts and their three children moved there in 1996. When Bassam lost his job, the Zantouts returned to North Carolina in the summer of 1998 and then decided to move to Lebanon in October 1998. Lucy did not have citizenship in Lebanon, where laws required that she obtain her husband’s assistance in maintaining her visa so that she could remain in the country. Soon after they arrived in Lebanon, the Zantouts’ relationship deteriorated and Bassam became increasingly abusive to Lucy and their three children. Bassam refused to renew Lucy’s visa and informed her that she would be expelled from the country on 2 March 1999, but that their children would stay with him.

In February 1999, Lucy escaped with the children from the Zantout family home and sought help at the American embassy in Beirut, Lebanon. Lucy discovered that Bassam had placed a block on Lucy’s and the children’s passports. Lucy contacted her mother, Margaret, and asked her to help them leave Lebanon. Margaret, fearing that Bassam was tapping her phone, contacted William Schatzman at Schatzman & Associates, L.L.C. When Mr. Schatzman came to her home to check her phone for a wire tap, Margaret explained Lucy’s problem to him, and he indicated that his company could help. Margaret and defendant entered into an oral agreement, whereby she agreed to pay defendant a $15,000 retainer plus additional fees and expenses. Defendant agreed to retain King, a former FBI Agent and independent contractor, to “provide assistance to [Lucy and the children] in obtaining exit from Lebanon, if possible.”

King found Lucy and the children in Lebanon, and after analyzing possible escape scenarios, decided to take them out of Lebanon through Syria on 1 March 1999. King hired drivers to take him, Lucy, and the children into Syria. They had difficulties at the border, but were allowed to enter. However, when they later attempted to exit Syria, they were stopped because their passports had not been properly stamped at the Lebanon-Syria border. They were not allowed to leave Syria for most of March 1999. During this time, Margaret became increasingly anxious that Lucy and the children would not return home to North Carolina. She retained Michael Taylor of American International Security Corporation in Boston for $155,000 to get Lucy and the children out of Syria. Taylor found King, Lucy, and the children, but encountered difficulty extricating them from Syria. Finally, on 31 March 1999, a Syrian judge deported King, Lucy, and the children, and they flew from Damascus, Syria, to Germany, and then to Greensboro, North Carolina on 1 April 1999.

[96]*96Margaret and Lucy filed this lawsuit on 15 October 1999. Margaret alleged claims against defendant for (1) negligence, (2) breach of contract, (3) fraud, (4) negligent infliction of emotional distress, and (5) unfair and deceptive trade practices. Margaret alleged claims against King for (1) breach of contract, (2) negligence, and (3) negligent infliction of emotional distress. Lucy alleged claims against defendant and King for negligent infliction of emotional distress. Defendant answered denying all liability, asserting eleven affirmative defenses, and alleging as counterclaims: (1) breach of express contract against Margaret, (2) quantum meruit against Margaret, and (3) quantum meruit against Lucy. King answered denying all liability and asserting fourteen affirmative defenses. After discovery and preliminary proceedings, the parties argued their dispositive motions before the trial court on 14 November 2000.

The trial court granted defendant’s motion for summary judgment on all of both plaintiffs’ claims against defendant, and on defendant’s counterclaim against Margaret for breach of contract. The court also allowed King’s motion for summary judgment as to all claims of both plaintiffs against him. The court entered judgment against Margaret for $47,662.41 plus interest, equal to the balance that she owed defendant under the oral contract, and dismissed the quantum rderuit claims as moot. Both plaintiffs gave notice of appeal of all rulings.

However, the appellants’ brief argues only that the money judgment against Margaret was erroneous because it amounted to enforcement of an illegal contract. All other issues raised by plaintiffs are deemed abandoned. Therefore, pursuant to Rule 10 of the North Carolina Rules of Appellate Procedure (1999), our review is limited to Margaret’s appeal of the summary judgment against her on defendant’s counterclaim for breach of contract..

On appeal, “[i]t is well established that the standard of review of the grant of a motion for summary judgment requires a two-part analysis of whether, ‘(1) the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact; and (2) the moving party is entitled to judgment as a matter of law.’ ” Von Viczay v. Thoms, 140 N.C. App. 737, 738, 538 S.E.2d 629, 630 (2000) (citing Gaunt v. Pittaway, 139 N.C. App. 778, 784, 534 S.E.2d 660, 664 (2000), cert. denied, - U.S. -, 151 L. Ed. 2d 261 (2001)), aff’d, 353 N.C. 445, 545 S.E.2d 210 (2001); see also N.C.R. Civ. Proc. 56 (1999). “An [97]*97issue is material if the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action.” Koontz v. City of Winston-Salem, 280 N.C. 513, 518, 186 S.E.2d 897, 901 (1972). The burden of proof is on the party moving for summary judgment, here the defendant Schatzman & Associates, L.L.C., to show that summary judgment is appropriate. See Adams v. Jefferson-Pilot Life Ins. Co., 148 N.C. App. -, — , 558 S.E.2d 504, 506 (2002). Additionally, the record must be reviewed in the light most favorable to the non-moving party. See id.

We first examine whether the record presents any genuine issues of material fact. In both Margaret’s complaint and defendant’s counterclaims, the parties alleged that there was a contract between Margaret and defendant. . In her “Second Claim for Relief: Breach of Contract,” Margaret contended:

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Related

Von Viczay v. Thoms
545 S.E.2d 210 (Supreme Court of North Carolina, 2001)
Gaunt v. Pittaway
534 S.E.2d 660 (Court of Appeals of North Carolina, 2000)
Furr v. Fonville Morisey Realty, Inc.
503 S.E.2d 401 (Court of Appeals of North Carolina, 1998)
Adams v. Jefferson-Pilot Life Insurance
558 S.E.2d 504 (Court of Appeals of North Carolina, 2002)
Von Viczay v. Thoms
538 S.E.2d 629 (Court of Appeals of North Carolina, 2000)
Koontz v. City of Winston-Salem
186 S.E.2d 897 (Supreme Court of North Carolina, 1972)
Furr v. Fonville Morisey Realty, Inc.
519 S.E.2d 314 (Supreme Court of North Carolina, 1999)

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Bluebook (online)
563 S.E.2d 231, 150 N.C. App. 94, 2002 N.C. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kolb-v-schatzman-associates-llc-ncctapp-2002.